Phoenix Insurance Company, The et al v. Cantex, Inc. et al

Filing 140

ORDER granting 132 Motion to Amend order of dismissal, by Judge Robert E. Blackburn on 8/28/2014.(trlee, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 13-cv-00507-REB-BNB THE PHOENIX INSURANCE COMPANY, THE TRAVELERS INDEMNITY COMPANY, and TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Plaintiffs, v. CANTEX, INC., CONCRETE MANAGEMENT CORP., LANDMARK AMERICAN INSURANCE COMPANY, OLD REPUBLIC INSURANCE COMPANY, RBR CONSTRUCTION, INC., Defendants. ORDER Blackburn, J. The matter is before the court on Plaintiffs’ Motion to Amend Order of Dismissal of Third Party Claims of Old Republic Insurance Company Against Third Party Defendant Continental Insurance Company, Only [#132],1 filed August 26, 2014. After reviewing the motion and the record, I conclude that the motion should be granted. THEREFORE, IT IS ORDERED as follows: 1 “[#132]” is an example of the convention I use to identify the docket number assigned to a specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this convention throughout this order. 1. That Plaintiffs’ Motion to Amend Order of Dismissal of Third Party Claims of Old Republic Insurance Company Against Third Party Defendant Continental Insurance Company, Only [#132], filed August 26, 2014, is GRANTED; 2. That the court’s Order of Dismissal of Third Party Claims of Old Republic Insurance Company Against Third-Party Defendant Continental Insurance Company, Only [#128], filed August 25, 2014, is AMENDED and that the following language shall be substituted for paragraph 2 of the order: “2. That the third-party claims of third-party plaintiff, Old Republic Insurance Company, against third-party defendant, Continental Insurance Company, are DISMISSED and that the third-party counterclaims filed by third-party defendant, Continental Insurance Company, against third-party plaintiff, Old Republic Insurance Company are DISMISSED;”2 3. That the Order of Dismissal of Third Party Claims of Old Republic Insurance Company Against Third-Party Defendant Continental Insurance Company, Only [#128], filed August 25, 2014, is further AMENDED to delete paragraph 3, which drops Continental Insurance Company as a party to this action; 4. That Continental Insurance Company is REINSTATED as a party defendant to this action; and 2 It appears that the entry of this order resolves all third-party claims and counterclaims. 2 5. That by September 29, 2014, the parties SHALL FILE a joint status report identifying the parties and claims remaining in this lawsuit. Dated August 28, 2014, at Denver, Colorado. BY THE COURT: 3

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